ABSTRACT
This article examines the repositioning of the “dowry death” provision in the Bhartiya Nyaya Sanhita, the new legal code. Through a comparative analysis, the article focuses on the far-reaching implications of this shift in the perceptions of crime severity, legal interpretation and societal values. The research makes a case for retaining “dowry death” under the sub-chapter “Of Offences Affecting Life,” by putting out arguments that such categorization overshades the gravity of the crime and aligns with international standards on violence against women.
KEYWORDS: Dowry, dowry death, BNS, IPC, marriage-related offenses
INTRODUCTION
In every society, women are pillars of strength, resilience and grace. But sometimes they are caught in the web of patriarchal norms where their rights are disregarded and their safety jeopardized. The recent discussions surrounding the repositioning of “dowry death” in Bhartiya Nyaya Sanhita remarks on the challenges women face in their quest for equality and justice.
“Dowry death” is not just a legal provision; it represents the gender-based violence that women face particularly in married life. It is a term that should result in a collective outrage a symbol of the urgent need to destroy the oppressive structures of patriarchy. The practice of dowry involves the transfer of assets, property or valuable gifts from the bride’s family to the groom’s family on marriage. It has been a reflection of societies where women are viewed as commodities, traded from one family to another. This practice effects the worth of women and promotes inequality.
“Dowry death” means death caused as a consequence of dowry related issues when a woman dies under unnatural circumstances within a few years of marriage due to cruelty or harassment by her husband or his family in connection with dowry demands. These deaths show gender-based violence which represents a disturbing intersection of cultural norms, economic factors and unequal power dynamics within marriages. The legal and societal responses to dowry deaths urge the need for comprehensive efforts to address the practice of dowry and the issue of violence against women within the context of marriage.
DOWRY DEATH IN THE INDIAN LEGAL CONTEXT
In the Indian legal system before the introduction of BNS, “dowry death” was considered a separate and distinct offense from offenses relating to marriage, even though it happens in the context of marriage because it involves a heinous crime where a woman’s life is taken due to the conflicts associated with dowry and marital demands. This offense highlights the depth of violence and abuse that can be initiated against women in connection with marriage.
In the the Indian Penal Code (IPC), “dowry death” was mentioned in Section 304B under the sub-chapter “Of Offences Affecting Life.” This section defined “dowry death” as a situation where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. The punishment prescribed for dowry death under Section 304B is imprisonment for a term that shall not be less than seven years but may extend to imprisonment for life. With the introduction of BNS there occurred no changes in the definition or the punishment given for “dowry death”
The Dowry Prohibition Act, 1961 (28 of 1961) provides the definition of “dowry” as any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage, or by the parents of either party to a marriage or by any other person, in connection with the marriage of the said parties.
LANDMARK JUDGMENTS ON DOWRY DEATH
The judiciary has played a major role in developing and describing the provisions related to dowry death through landmark judgments. In Rajesh Sharma v. State of Uttar Pradesh, the Supreme Court remarked on the methodology in dealing with dowry-related cases by focusing on the potential for misuse of the law and upholding the gravity of the offense at the same time. The court stated the importance of maintaining the distinct identity of “dowry death” because it represents a unique form of gender-based violence.
In Hiral P. Harsora v. Kusum Narottamdas Harsora the Supreme Court mentioned “dowry death” as a separate offense which is distinct from other marriage-related crimes. The court warned against reducing the seriousness of the offense by placing it in a broader category because it can even effect the intent and consequences linked to dowry-related violence.
These judgments show the distinct and grave nature of “dowry death”. The courts have consistently emphasized the need to uphold the sanctity of life and the imperative for accountability in addressing this form of gender-based violence.
SHIFT IN BHARTIYA NYAYA SANHITA
On July 1, 2024, the “Indian Penal Code, 1860” was replaced with “The Bhartiya Nyaya Sanhita, 2023,” which brought significant changes. The changes in the new Act is made by moving the provision related to “dowry death” from Section 304B under the chapter “of Offences Affecting Human Body” and sub-chapter “Of Offences Affecting Life” to Section 79 in the new act under “Of Offences Related to Marriage.” This shift questions about the appropriate placement of this provision and its implications in the legal and social fields.
APPROPRIATE PLACEMENT OF SECTIONS IN STATUTES
The placement of sections in a legal code is essential for its effective legislation. This involves structuring and organizing provisions logically and cohesively enhancing the clarity of law, understanding, interpretation and implementation. The arrangement shows relationships between legal concepts, facilitates cross-referencing and supports efficient legal research. The order of sections can also convey legislative priorities, historical context and changes in societal norms, ultimately constructing a coherent and navigable framework for the practical interpretation and application of legal provisions.
Can Dowry Death be Placed Under Marriage Related Offenses?
The current positioning of dowry death in the BNS has raised concerns regarding the categorization of this crime. Earlier placed under “Offences Affecting Life” is currently under the sub-chapter “Of Offences Relating to Marriage” which resulted in an argument within the society. While some argue that this relocation highlights the association of crime with marriage and others put forward the drawbacks that necessitate an assessment of this change.
“Dowry death” is a distinctive and disturbing form of violence against women, unfolding within the intricate tapestry of marriage. “dowry death” being placed under the broad category of “Offences Relating to Marriage” the aim is to underscore the connection of the crime to marriage. But this change is not without any drawbacks. The risk factor is that the relocation might dilute the offense as the seriousness of “dowry death” becomes embedded within the shadow of numerous marital-related crimes. This weakens the specific intent and consequences linked to dowry-related violence.
In contrast “dowry death” shares characteristics with other offenses under “Offences Affecting Life.” Placing it within this section reduces the intentional taking of human life and aligns it with the intent of this category which results in sanctity of life and the imperative for accountability.
CONCLUSION
“Dowry death” being placed in the BNS with a shift from “Of Offences Affecting Life” to “Of Offences Relating to Marriage,” requires an evaluation. The reclassification aims to show the connection of crime to marriage but it also has drawbacks related to the perception of severity, reinforcement of gender norms and legal interpretation. It highlights the ongoing struggle to combat gender-based violence and challenges deeply ingrained patriarchal norms that perpetuate such violence. The decision regarding the placement of this provision should have prioritized the safety and rights of women and sent a clear message that violence within marriages will be met with the full force of the law, irrespective of societal norms. It represents a critical step in the broader fight for gender equality and the elimination of violence against women.
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WRITTEN BY HRIDYA S KUMAR
